Appeal No. 1997-4441 Application 08/370,095 the extent that no weight is given to the limitation in the patentability analysis. The Examiner states that the length limitation is a statement of intended use which does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations (EA6). We agree that the length limitation is a statement of intended use in the apparatus claims. However, since we find no motivation in Brook to provide a checkweigher in Born, we do not reach the intended use issue. As to method claims 7 and 9, the method operates on the product and the Examiner has not provided any reasoning why the claimed length limitation would have been obvious. We think that one of ordinary skill in the checkweighing art had sufficient knowledge to appreciate that a weigh pan length equal to the product length is the minimum possible weigh pan length because otherwise more than one product at a time might be on the weigh pan. We further believe that one of ordinary skill in the checkweighing art would have known that a weigh pan length equal to the product length could be used in prior art checkweighers because the effective product length ("pl") is less than the weigh pan length ("wpl"), if one was willing - 10 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007